Electoral Act, 1992

36.—(1) Where the Dáil is dissolved and the outgoing Chairman of the Dáil has not announced to the Dáil before the dissolution that he does not desire to become a member of the Dáil at the general election consequent on the dissolution, he shall be deemed without any actual election to be elected at such general election as a member of the Dáil for—

(a) the constituency for which he was a member of the Dáil immediately before the dissolution, or

(b) if a revision of constituencies takes effect on the dissolution—

(i) in case on such revision there is a new constituency which either consists of or includes the constituency referred to in paragraph (a), that new constituency,

(ii) in case on such revision there is not such a new constituency, the constituency specified for the time being in a declaration under this section.

(2)(a) Where, by reason of a revision of constituencies which is to take effect on the dissolution of the Dáil next following the revision, the Chairman of the Dáil may not be deemed under subsection (1) to be elected either for the constituency for which he is a member of the Dáil or for a new constituency described in subparagraph (i) of subsection (1) (b), he shall for the purposes of this section make a declaration specifying a constituency.

(b) A constituency specified in a declaration made under this section shall be a constituency specified in the Act providing for the revision which includes part of the constituency for which the person making the declaration is a member of the Dáil at the time when the declaration is made.

(c) The following provisions shall apply as regards a declaration made under this section:

(i) the declaration, which shall be in writing, shall be addressed to the Clerk of the Dáil,

(ii) the Chairman of the Dáil by whom it is made shall, in such manner as in the particular circumstances heconsiders appropriate, notify the members of the Dáil of the declaration,

(iii) the declaration shall be made,

(I) in case the person by whom it may be made is Chairman of the Dáil at the time at which the Act providing for the revision of constituencies is enacted, as soon as may be after such enactment,

(II) in case the person by whom it may be made becomes Chairman of the Dáil after such Act is enacted, as soon as may be after he becomes Chairman of the Dáil, and

(iv) in case the person by whom the declaration is made ceases to be Chairman of the Dáil before the Dáil is dissolved, the declaration shall cease to have effect.

(3) Where an outgoing Chairman of the Dáil is deemed by virtue of this section to be elected at a general election as a member of the Dáil for a particular constituency, the number of members actually elected at that general election for that constituency shall be one less than would otherwise be required.

(4) In this section “outgoing Chairman of the Dáil” means a person who, immediately before the dissolution of the Dáil in relation to which the expression is used, was the Chairman of the Dáil.